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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 42874
Experience:  30 years in civil, probate, real estate, elder law
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I was served a subpoena 10 days after a court date. Is that

Customer Question

I was served a subpoena 10 days after a court date. Is that subpoena valid for the next court date of which I have no knowledge ?
Submitted: 2 years ago.
Category: Legal
Expert:  Ray replied 2 years ago.

Hi and welcome to JA. I am Ray and will be the expert helping you tonight.

No any subpoena here that is past the court date is no longer valid and would have to be reissued here prior to the next date.If they do not serve you again with new subpoena with new date you are not legally require d to attend.You may wait and see if they do so or not.But you have no legal obligation until they reserve you again under Missouri law.

I appreciate the chance to help you tonight.Please let me know if you have more follow up.Thanks again.

Customer: replied 2 years ago.
Is there case law in missouri that confirms this?
Expert:  Ray replied 2 years ago.

Here are the rules.Any subpoena to a hearing has to be reserved here if it was served after the hearing date.They will reissue you a new one and reserve if they still want you as a witness.It is not that big a deal for the parties if they really want you.Since this got to you too late it doesn't appear they wanted you very badly.

Rules for subpoenas.

http://www.courts.mo.gov/courts/ClerkHandbooksP2RulesOnly.nsf/0/9e7713a99bc2f02a86256ca600521554?OpenDocument

Expert:  Ray replied 2 years ago.

c) Subpoena to a Non-Party. A subpoena to a non-party pursuant to Rule 57.09 for the production of documents and things shall be served not fewer than 10 days before the time specified for compliance. The party serving a subpoena on a non-party shall provide a copy of the subpoena to every party as if it were a pleading. A party objecting to the subpoena may seek a protective order under Rule 56.01(c

Expert:  Ray replied 2 years ago.

The one you got previously was not valid here , it wasn't timely served.

Expert:  Ray replied 2 years ago.

You are free unless they reserve you in advance as per the rule above.

Thanks.

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